A Barnsley restaurant business and its director have been fined more than £10,000 after meals ordered as dairy-free were found to contain dairy.
Mohammed Nozrul Islam, director of Balti House Barnsley Ltd, appeared at Magistrates' Court on Thursday 15 October. He pleaded guilty to one food safety offence on behalf of the company and a like offence in his role as director.
The offence took place at Balti Palace, 74 Church Street, Darton, where Balti House Barnsley Ltd trades.
The incident
On 23 April this year, Trading Standards officers made a formal test purchase at the restaurant. They ordered a mutton bhuna without dairy and stated it was for someone with a milk allergy. Laboratory testing later found dairy in the meal.
This was not the first time the business had breached food safety rules. Trading Standards had already warned the business and given it advice after a similar incident last year, when a balti ordered as dairy-free was found to contain dairy.
Fines and costs
Balti House Barnsley Ltd was ordered to pay £9,396 and Mr Islam £1,612. Each total includes a fine, prosecution costs and a victim surcharge.
Council response
Cllr Sam Burdett, Cabinet Spokesperson for Communities, said: "People with food allergies place their trust in businesses every time they order a meal. When a customer specifically requests a dairy-free dish and makes clear it is for someone with a milk allergy, they are entitled to expect that what arrives is exactly what was promised.
"This case is particularly concerning because it was not an isolated incident. The business had previously been warned and given advice following a similar breach, yet dairy was again found in a meal sold as dairy-free.
"Selling a meal as dairy-free when it contains dairy is not simply a mistake on a menu. It has the potential to place people's health at risk and undermines public confidence in food businesses. If standards are not improved following advice and previous warnings, those who seek to mislead customers can expect to be identified and fined."